Employment Authorization for Haitians with TPS Automatically Extended Until July 21, 2018

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that current beneficiaries of Temporary Protected Status (TPS) under Haiti’s designation who want to maintain that status through the program’s termination date of July 22, 2019, must re-register between Jan. 18, 2018, and March 19, 2018. Re-registration procedures, including how to renew employment authorization documentation, have been published in the Federal Register and on uscis.gov/tps.

All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an Employment Authorization Document (EAD) by submitting a completed Form I-765, Application for Employment Authorization, at the time of filing Form I-821, or separately at a later date. Both forms are free for download on USCIS’ website at uscis.gov/tps.

USCIS will issue new EADs with a July 22, 2019, expiration date to eligible Haitian TPS beneficiaries who timely re-register and apply for EADs. Given the timeframes involved with processing TPS re-registration applications, however, USCIS is automatically extending the validity of EADs that show an expiration date of Jan. 22, 2018, for 180 days through July 21, 2018. Additionally, individuals who have EADs with an expiration date of July 22, 2017, and who applied for a new EAD during the last re-registration period but have not yet received their new EADs are also covered by this automatic extension. These individuals may show their EAD indicating a July 22, 2017, expiration date and their EAD application receipt (Notice of Action, Form I-797C) that notes the application was received on or after May 24, 2017, along with this statement, to employers as proof of continued employment authorization through July 21, 2018.

On Nov. 20, 2017, former Acting Secretary of Homeland Security Elaine Duke determined that disaster-related conditions in Haiti, upon which the country’s original designation was based, no longer supported its designation for TPS and announced the termination of the status. The Acting Secretary made her decision to terminate TPS for Haiti after reviewing country conditions and consulting with appropriate U.S. government agencies. She also delayed the effective date of the termination for 18 months from the current expiration date of Jan. 22, 2018, to allow time for an orderly transition. As a result of the delayed effective date, Haiti’s TPS designation will end on July 22, 2019.

Monday, January 15, 2018

Jan. 13, 2018, Update: Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.

If you previously received DACA and your DACA expired on or after Sept. 5, 2016, you may still file your DACA request as a renewal request. Please list the date your prior DACA ended in the appropriate box on Part 1 of the Form I-821D.

If you previously received DACA and your DACA expired before Sept. 5, 2016, or your DACA was previously terminated at any time, you cannot request DACA as a renewal (because renewal requests typically must be submitted within one year of the expiration date of your last period of deferred action approved under DACA), but may nonetheless file a new initial DACA request in accordance with the Form I-821D and Form I-765 instructions. To assist USCIS with reviewing your DACA request for acceptance, if you are filing a new initial DACA request because your DACA expired before Sept. 5, 2016, or because it was terminated at any time, please list the date your prior DACA expired or was terminated on Part 1 of the Form I-821D, if available.

Deferred action is a discretionary determination to defer a removal action of an individual as an act of prosecutorial discretion. Further, deferred action under DACA does not confer legal status upon an individual and may be terminated at any time, with or without a Notice of Intent to Terminate, at DHS’s discretion. DACA requests will be adjudicated under the guidelines set forth in the June 15, 2012 DACA memo (PDF).

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